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NATIONAL
FILM AND TELEVISION INSTITUTE
DECREE, 1978 (SMCD 151)
ARRANGEMENT OF SECTIONS
Section
PART I—ESTABLISHMENT OF INSTITUTE
1. Establishment of National Film
and Television Institute.
PART II—OBJECTS AND FUNCTIONS OF
INSTITUTE
2. Objects of Institute.
PART III—THE BOARD
3. Membership of the Board.
4. Meetings of the Board.
PART IV—MANAGEMENT AND STAFF OF
THE INSTITUTE
5. Director of the Institute.
6. Execution of Contracts.
7. Staff of the Institute.
8. Secretary of Institute.
PART V—FINANCIAL PROVISIONS
9. Funds of the Institute.
10. Borrowing Powers.
11. Moneys to be Paid into Bank
Account of the Institute.
12. Accounts and Audit.
13. Financial Year of the
Institute.
PART VI—MISCELLANEOUS
14. Annual Report, Etc.
15. Power of Direction of
Commissioner.
16. Regulations.
17. Exemptions.
18. Interpretation.
BE IT ENACTED by the Supreme
Military Council as follows:—
PART I—ESTABLISHMENT OF INSTITUTE
Section 1—Establishment of
National Film and Television
Institute.
(1) There is hereby established a
National Film and Television
Institute in this Decree referred
to as "the Institute".
(2) The Institute shall be a body
corporate, with perpetual
succession and a common seal and
may sue and be sued in its
corporate name.
(3) The Institute may, for and in
connection with the carrying out
of its functions under this Decree
or any other enactment, purchase,
hold, manage or dispose of any
movable or immovable property and
may enter into such contracts and
transactions as may be expedient.
(4) Where there is any hindrance
to the acquisition by the
Institute of any property the
property may be acquired for the
Institute under the State Property
and Contracts Act, 1960 (C.A.6 )
or as the case may be, under the
State Lands Act, 1962 (Act 125)
and each such Act shall, as the
case may be, apply in relation to
any such acquisition with such
modifications as may be necessary
to provide for the vesting of the
property acquired thereunder in
the Institute and for the cost of
the acquisition to be defrayed by
the Institute.
PART II—OBJECTS AND FUNCTIONS OF
INSTITUTE
Section 2—Objects of Institute.
The objects of the Institute are:—
(a) to train young men and women
in the skills and techniques of
film production;
(b) to train film and television
producers and actors in the
production and publication of
feature films for adult education
on national and international
basis; and
(c) to organise classes, lectures,
seminars, demonstrations,
experiments, researches and
practical training in all aspects
of film production.
PART III—THE BOARD
Section 3—Membership of the Board.
(1) The governing body of the
Institute shall be the Board of
Governors referred to in this
Decree as the "Board".
(2) The Board shall consist of:—
(a) a Chairman;
(b) the Director of the Institute;
(c) a representative of the
Ministry of Information;
(d) a representative of the
Ministry of Education;
(e) a representative of
Friedrich-Ebert Foundation;
(f) a representative of the Ghana
Broadcasting Corporation;
(g) a representative of the Ghana
Film Industry Corporation;
(h) a representative of the School
of Drama, Institute of African
Studies, University of Ghana,
Legon;
(i)
a representative of the Arts
Council of Ghana;
(j) a representative of the
Association of Cinematographic
Film Exhibitors and Distributors.
(3) The Chairman of the Board
shall be appointed by the Supreme
Military Council on the advice of
the Commissioner responsible for
Information.
(4) The term of office of members
of the Board other than the
Director shall be two years.
(5) A member of the Board shall,
at the expiration of his term of
office, be eligible for
re-appointment.
(6) Members of the Board other
than the Director shall be paid
such travelling and other
allowances as may be determined by
the Commissioner with the approval
of the Commissioner responsible
for Finance.
(7) The Chairman or any member of
the Board other than the Director
may resign his office by writing
addressed to the Commissioner, and
any such person may be removed
from office by the Supreme
Military Council acting in
accordance with the advice of the
Commissioner—
(a) if he is adjudged to be a
person of unsound mind;
(b) if he is declared insolvent or
bankrupt; or
(c) if he has been sentenced to
death or to a term of imprisonment
exceeding twelve months without
the option of a fine or has been
convicted of an offence involving
dishonesty or moral turpitude and
in each case has not been granted
free pardon.
(8) The person appointed to fill a
vacancy created by resignation or
removal from office of a member
shall hold office for the
unexpired period of such member.
(9) Subject to the provisions of
this Decree where a member of the
Board is incapacitated by absence
from Ghana or illness or any other
sufficient cause from performing
the duties of his office the
Supreme Military Council may on
the advice of the Commissioner
appoint another person to hold
office in his place until the
expiration of the term of office
of such member.
Section 4—Meetings of the Board.
(1) The Board shall meet once a
month but may be summoned to
transact any extraordinary
business on a particular date at
the request of the Chairman or
three members of the Board and
such a request shall be made to
the Director in writing with a
summary of the business to be
transacted at least seven days
before that date.
(2) At every meeting of the Board
at which he is present, the
Chairman shall preside, and in his
absence a member of the Board
appointed by the members present
from among themselves, shall
preside.
(3) The quorum for any meeting of
the Board shall be four.
(4) Every question before a
meeting of the Board shall be
determined by a simple majority of
the members present and voting.
(5) At any meeting of the Board,
the Chairman thereof shall have a
casting vote.
(6) The validity of any
proceedings of the Board shall not
be affected by any vacancy among
its members or by any defect in
the appointment of any of them.
(7) Any member of the Board who
has any interest in a contract
proposed to be made with the
Institute shall disclose the
nature of his interest to the
Board and shall, unless the Board
otherwise directs, be disqualified
from participating in any
deliberations of the Board on the
contract and shall in any case be
disqualified from voting in any
decision of the Board on such
contract.
(8) Any member of the Board who
infringes the provisions of
subsection (7) shall be liable to
be removed from the Board.
(9) The Board may appoint such
committees consisting of such
persons (whether members of the
Board or not) as it thinks fit to
perform such functions as the
Board may assign to them.
(10) The Board may, at any time,
co-opt any person or persons to
act as adviser or advisers at any
of its meetings, so however that
no person so co-opted shall be
entitled to vote at any such
meeting on any matter for decision
by the Board.
PART IV—MANAGEMENT AND STAFF OF
THE INSTITUTE
Section 5—Director of the
Institute.
(1) The Institute shall have a
Director who shall be the Chief
Executive.
(2) The Director shall be
appointed by the Supreme Military
Council on the advice of the
Commissioner upon such terms and
conditions as may be specified in
his instrument of appointment.
(3) Where the office of the
Director becomes vacant the Board
shall notify the Commissioner of
the occurrence of the vacancy.
(4) Any vacancy in the post of
Director shall be filled in
accordance with subsection (2) of
this section.
(5) Where the Director is
temporarily incapacitated from the
performance of his functions under
this Decree the Board may
authorise the Secretary to perform
those functions for the duration
of the incapacity—
(6) The Director shall, subject to
the general control of the Board
on matters of policy—
(a) be charged with the direction
of policy day-to-day business of
the Institute and of its
administration, organisation and
control of all the employees of
the Institute; and
(b) ensure the maintenance of the
academic standards of the
Institute.
(7) For the purposes of paragraph
(b) of subsection (6), the
Director shall with the approval
of the Board—
(a) prescribe the curriculum and
syllabus of the Institute;
(b) regulate the conduct of
examinations and the award of
certificates;
(c) determine the admission of
students to the Institute; or
(d) discipline, suspend or dismiss
for good cause any student of the
Institute.
Section 6—Execution of Contracts.
(1) The use of the seal of the
Institute shall be authenticated
by two signatures, namely—
(a) the signature of the Director
or some other member of the Board
authorised by the Board to
authenticate the application of
the seal, and
(b) the signature of the Secretary
or some other officer of the
Institute authorised by the Board
to act in the Secretary’s place
for that purpose.
(2) The Institute may by
instrument in writing under its
common seal empower any person
generally or in respect of any
specified matters as its attorney,
to execute deeds on its behalf in
any place not situated in Ghana;
and every deed signed by such
attorney on behalf of the
Institute and under his seal,
shall be binding on the Institute
and have the same effect as if it
were under the common seal of the
Institute.
(3) Any instrument or contract
which, if executed or entered into
by a person other than a body
corporate would not be required to
be under seal, may be executed or
entered into on behalf of the
Institute by the Director or any
member of the Board if such person
has previously been authorised by
a resolution of the Board to
execute or enter into that
particular instrument or contract:
Provided that if the Institute
thinks fit it may by writing under
its common seal appoint any person
outside Ghana as agent to execute
or enter into the instrument or
contract and the instrument or
contract if executed or entered
into on behalf of the Institute
shall have effect as if it had
been duly executed or entered into
as prescribed for the purposes of
this subsection.
(4) Every document purporting to
be an instrument executed or
issued by or on behalf of the
Institute and to be—
(a) sealed with the common seal of
the Institute authenticated in the
manner provided by subsection (1)
of this section;
(b) signed by and under the seal
of a person appointed as attorney
under subsection (2) of this
section; or
(c) signed by the Director or by a
member of the Board or other
person authorised in accordance
with subsection (3) of this
section to act for that purpose,
shall be deemed to be so executed
or issued until the contrary is
shown.
Section 7—Staff of the Institute.
(1) The Institute may from time to
time engage such employees as may
be necessary for the proper and
efficient conduct of the business
and functions of the Institute.
(2) The Institute may also engage
the services of much consultants
and specialists on such terms and
conditions as the Board may, upon
the recommendations of the
Director, determine.
(3) The Board shall in
consultation with the Public
Services Commission be responsible
for the appointment and promotion
of employees of the Institute.
(4) The Board acting on the
recommendation of the Director
shall be responsible for the
discipline and removal of the
employees of the Institute.
(5) The terms and conditions of
service of the teaching staff of
the Institute shall be determined
by the Board in consultation with
the Public Services Commission.
(6) The Board may delegate to the
Director the power to appoint,
promote, discipline or remove such
employees of the Institute as the
Board may determine.
(7) Public officers may be
transferred or seconded to the
Institute or may otherwise give
assistance thereto.
(8) Public officers so transferred
or seconded may be appointed at
that point in the salary scale of
the Institute which approximates
as closely as possible to the
point in the salary scale
applicable to employees of the
Institute of a similar class,
category or description.
(9) If a public officer is
seconded to the service of the
Institute such officer shall
continue to be eligible for
consideration for promotion in the
service from which he was
seconded.
(10) If a public officer eligible
to receive on retirement a pension
is seconded to the service of the
Institute—
(a) the period during which he
serves with the Institute shall
for the purposes of computation of
the time and amount of pension
under any enactment relating to
pensions for the time being
applicable to him, be deemed to be
service in a pensionable office;
and
(b) the amount of such pension
shall be calculated on the basis
of the emoluments applicable at
the time of his retirement to the
post held by him in the service
from which he was seconded.
(11) Any person who immediately
before the coming into operation
of this Decree was a member of the
teaching staff or an employee of
the Institute as formerly existing
shall continue to be such a member
or employee of the Institute
subject to the provisions of this
Decree.
Section 8—Secretary of Institute.
(1) The Institute shall have a
Secretary who shall be appointed
by the Board on such terms and
conditions as may be determined by
the Board in consultation with the
Public Services Commission.
(2) The Secretary shall act as
Secretary to the Board and shall,
subject to the directions of the
Board, arrange the business for
and cause to be recorded and kept
minutes of all meetings of the
Board.
(3) The Secretary shall also
perform such functions as the
Board may by writing, direct.
(4) The Secretary shall assist the
Director in the day-to-day
administration of the Institute.
(5) The Secretary shall be
assisted in his functions by such
of the staff of the Institute as
the Board may on the
recommendation of the Director,
direct.
PART V—FINANCIAL PROVISIONS
Section 9—Funds of the Institute.
The funds of the Institute shall
consist of—
(a) moneys appropriated by
Government for the purposes of the
Institute;
(b) all moneys paid to the
Institute by way of grants,
subsidies, donations, gifts,
fees, subscriptions, rents,
interest or royalties;
(c) all moneys derived from the
sale of any property held by or on
behalf of the Institute; and
(d) all accumulations of income
derived from any property or money
held by or on behalf of the
Institute.
Section 10—Borrowing Powers.
(1) The Institute may obtain loans
and other credit facilities, on
the guarantee of the Government
from such banks, other financial
institutions, local authority or
persons as the Commissioner
responsible for Finance may
approve.
(2) The Institute may charge its
assets, undertakings and income
with the repayment of any money
borrowed together with interest
thereof and may do all such other
things necessary in connection
with or incidental to such
borrowing.
Section 11—Moneys to be Paid into
Bank Account of the Institute.
(1) All moneys amounting to one
hundred cedis or more received for
or on behalf of the Institute by
any officer or employee of the
Institute shall as soon as
practicable after receipt thereof
be paid into such bank account as
the Board may direct.
(2) No money shall be withdrawn
from the bank account of the
Institute except by cheque signed
by an officer or employee of the
Institute authorised for the
purpose by the Board and
counter-signed by the Director or
Secretary.
Section 12—Accounts and Audit.
(1) The Institute shall keep
proper books of account and proper
records in relation thereto and
the account books and records of
the Institute shall be in such
form as the Auditor-General may
approve.
(2) The books and accounts of the
Institute shall within three
months after the end of each
financial year be audited by the
Auditor-General or an auditor
appointed by him.
(3) The Institute shall pay in
respect of such audit, such fees
(if any) as the Auditor-General
and the Board may agree or in the
case of failure to agree, such
fees as the Commissioner may
prescribe.
(4) It shall be the duty of the
Board as soon as possible after
receiving the report of the
Auditor-General under this section
to forward a copy of such report
to the Commissioner.
(5) The Commissioner shall as soon
as practicable upon receipt
thereof, cause to be laid before
the Supreme Military Council a
copy of the Auditor-General’s
report forwarded to him under this
section.
Section 13—Financial Year of the
Institute.
(1) The Institute's financial year
shall end on the 30th day of June
in each year.
(2) For the purpose of this
section the period extending from
the commencement of this Decree to
the 30th day of June, 1978 shall
be deemed to be a financial year.
PART VI—MISCELLANEOUS
Section 14—Annual Report, Etc.
(1) The Director shall, as soon
as possible after the expiration
of each academic year but within
three months after the termination
of that year, submit to the Board
an annual report dealing generally
with the activities and operations
of the Institute, including a
statement of account for the
preceding financial year.
(2) The Board shall, as soon as
practicable after the receipt of
the Director's annual report
referred to in subsection (1) of
this section, forward it to the
Commissioner.
(3) The Commissioner shall lay a
copy of every such annual report
before the Supreme Military
Council.
Section 15—Power of Direction of
Commissioner.
The Commissioner may give general
directions in writing to the
Institute on matters of policy and
the Institute shall be bound to
comply with such directions.
Section 16—Regulations.
(1) The Commissioner may, after
consultation with the Board, by
legislative instrument make
regulations for the purpose of
carrying out the objects of the
Institute.
(2) Without prejudice to the
generality of subsection (1) of
this section the Commissioner may
by legislative instrument make
regulations governing the terms
and conditions of service of the
employees (other than members of
the teaching staff) of the
Institute.
Section 17—Exemptions.
The Institute shall be exempted
from the payment of such taxes and
duties as the Commissioner
responsible for Finance may in
writing approve.
Section 18—Interpretation.
In this Decree, unless the context
otherwise requires—
"academic year" means a period of
nine months commencing in October
and ending in June;
"Commissioner" means the
Commissioner responsible for
Information;
"Director" means Director of the
Institute.
Made this 2nd day of February,
1978.
GENERAL I. K. ACHEAMPONG
Chairman of the Supreme Military
Council
Date of Gazette Notification: 17th
February, 1978.
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